Carroll Verdict Appeal
Trump petitions Supreme Court to overturn $83.3 million Carroll defamation verdict, citing presidential immunity
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Key Points
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The DOJ argues for substituting the U.S. government as the defendant under the Westfall Act, which, if allowed, could lead to the defamation case being dismissed because federal employees are shielded from certain civil claims for conduct performed in the course of their duties.
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The underlying verdict in May 2023 found Trump liable for sexually abusing Carroll in the Bergdorf Goodman dressing room in the 1990s and for defaming her in 2022 when he denied the allegations.
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Carroll was awarded more than $600,000 in interest, in addition to the principal damages, with the funds for the judgment deposited by Trump into a court fund to secure the verdict.
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Trump’s petition argues that the defamatory statements were made in 2019 while he was president, in response to questions about his fitness for office, and therefore should be shielded by presidential immunity.
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The petitions arrive as part of a broader dispute over presidential liability in Carroll-related litigation, including a separate $5 million verdict that the Supreme Court previously declined to review, a decision Trump’s team says underscores ongoing procedural and immunity questions.
Donald Trump's lawyers have asked the U.S. Supreme Court to throw out an $83.3 million defamation verdict won by writer E. Jean Carroll, according to Reuters. Trump argues that statements he made in 2019, while serving as president, are shielded by presidential immunity and cannot form the basis of a civil lawsuit.
The petition arrives after the Supreme Court already declined to review a separate $5 million Carroll verdict, according to KFGO. Trump's team says that earlier refusal leaves key immunity and procedural questions unresolved — questions they now want the full Court to settle.
Carroll Juries Awarded Over $88 Million in Two Trials
Carroll sued Trump in two separate cases. In the first, a jury awarded her $5 million. In the second, decided in May 2023, a jury found Trump liable for sexually abusing Carroll at the Bergdorf Goodman department store in the 1990s and for defaming her in 2022 when he denied the allegations. That jury awarded $83.3 million in damages, according to Fresno Bee.
Carroll also collected more than $600,000 in interest on top of the principal award. To secure the verdict while he appeals, Trump deposited the full judgment amount into a court-held fund.
Trump Claims Oval Office Statements Deserve Full Immunity
Trump's lawyers argue he was responding to press questions about his fitness for office when he denied Carroll's claims in 2019. Because those statements were made while he was president, they say, the law should treat them as official acts protected by immunity. Trump's team points to a 2024 Supreme Court ruling that expanded immunity protections for presidential conduct, according to JoeMyGod.
The petition calls this possibly the first time a president has faced a damages award for conduct performed while in office. Trump's lawyers warn that allowing the verdict to stand would chill future presidents, making them afraid to speak freely on matters tied to their fitness to serve.
Westfall Act Move Could Erase the Case Entirely
Trump's legal team filed a second, related petition involving the Westfall Act. That law lets the U.S. government substitute itself as the defendant when a federal employee is sued for acts done in the course of official duties. The Justice Department is backing this move, according to Market Screener.
If the Court allows the government substitution, the defamation claim could be dismissed outright. Federal employees are shielded from many civil lawsuits for actions taken in their official roles. That shield would effectively protect Trump and wipe out Carroll's $83.3 million judgment.
Broader Precedent at Stake for Presidential Accountability
Legal experts say the outcome could reshape how far presidential immunity reaches. A ruling in Trump's favor could make it much harder to hold any sitting or former president personally liable for statements made in office. A ruling against Trump would confirm that immunity does not cover personal defamation claims, even when wrapped in the language of official duties, according to Reuters.
The Supreme Court has not yet said whether it will take the case. If it declines, the $83.3 million verdict stands. If it agrees to hear the case, the ruling could set new boundaries for presidential power that reach far beyond the Carroll dispute.
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